The applicant and respondent, separated spouses and equal shareholders of a corporation owning a commercial property, agreed to sell the property under court supervision.
The applicant sought an interim order under s. 248(3) of the Business Corporations Act to take sole control of the sale process and evict a tenant (their son's business) to satisfy a condition of sale.
The court dismissed the motion, finding that the respondent's refusal to authorize the eviction was a reasonable business decision and not oppressive, and that the applicant lacked clean hands.
